Government Solutions Blog | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys who
specialize in government relations.

You’re Not the Boss of Me – The NLRB May Disagree

August 28, 2015 02:58
by Gregory D. Hanscom
With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld through inevitable appeals, significantly impact the franchise, outsourcing and many other industries, the NLRB decided a California company, Browning-Ferris Industries, was a joint employer of workers hired by a staffing firm. In reaching this conclusion, the NLRB j...


Trade Secret Legislation Reintroduced in Congress (3rd Time)

August 5, 2015 00:03
by Michael R. Greco
Congress is at it again, introducing legislation that would create a federal cause of action for trade secret misappropriation. But this time, support is not only bipartisan, it is bicameral. Read on to get the details.

Proposed Regulations Published ─ Salary Floor Would Be Doubled

June 30, 2015 04:07
by John Thompson
The anxiously-awaited proposed changes in regulations defining the FLSA's executive, administrative, professional, outside-sales, and derivative exemptions have been published by the U.S. Labor Department for public consideration and comment.

Administrative Exemption | Computer Employees

Efforts to Prevent Localities from Enacting Sick Leave and Minimum Wage Ordinances Introduced in the New Jersey Legislature

May 14, 2015 23:46
by Jason A. Storipan
Recently, bills addressing localities’ ability to enact paid sick leave and minimum wage laws (and possibly any local laws governing private employment) were introduced in each chamber of the New Jersey Legislature. The bills, A.B. 4363 and S.B. 2865, would prohibit cities, counties, and other local entities from increasing the minimum wage or adopting mandatory paid sick leave requirements for private employers. The legislation, if enacted, would nullify mandatory sick leave policies al...

Minimum Wage | New Jersey

Pennsylvania House of Representatives Votes to End Stalking, Harassment and Terroristic Threats in Labor Disputes

April 22, 2015 08:36
by Lori Armstrong Halber
Currently, harassment, stalking and threatening to use a weapon of mass destruction are all crimes – unless you are a union member engaged in a labor dispute. Yesterday, April 22, 2015, the Pennsylvania House of Representatives passed a bill to end the crimes code carveout allowing parties to a labor dispute to stalk, harass, and make deadly threats. The measure comes after the federal indictment and conviction of Ironworkers Local 401, whose leaders and members were charged with multiple...

Pennsylvania | Harassment

PA Lawmakers Move to Overturn Philly Sick Leave Ordinance

April 16, 2015 03:03
by Lori Armstrong Halber
On Tuesday (April 14, 2015), the Pennsylvania Senate approved a bill that would invalidate Philadelphia's new mandatory paid sick-leave ordinance, which is scheduled to go into effect on May 13, 2015. Mayor Nutter finally signed the Philly ordinance on February 12, 2015, after vetoing similar legislation in 2011 and 2013. Sen. John Eichelberger (R., Blair), who sponsored the state bill, called Philadelphia's sick-leave law "a mistake." Philly’s sick leave ordinance requires businesses wit...

Pennsylvania | Philadelphia | Paid Sick-Leave

New Protected Classification? | Congressional Action is in the Pipeline

April 14, 2015 00:15
by Gregory D. Hanscom
Unless you were completely ignoring the news over the past couple of weeks, it was difficult to miss the debate spurred by the religious freedom bills that were passed in both Indiana and Arkansas. This nationwide debate refocused attention on what many people believe to be pervasive discrimination against individuals on the basis of sexual orientation and gender identity. As this debate was ongoing, many people (lawyers and non-lawyers alike) were surprised to learn that sexual orientation and ...

Antidiscrimination Statutes

A Double Whammy for American Business

March 31, 2015 23:58
by Rick Grimaldi
Today, business in this country got a double dose of bad news when, first the President vetoed a joint resolution under the Congressional Review Act that sought to block implementation of the National Labor Relations Board's controversial amendments to its regulations for processing union representation cases, and the National Labor Relations Board decided the “mother” of all social media cases. The Senate March 4 adopted the resolution of disapproval (S.J. Res. 8) by a 53-46 vote a...

National Labor Relations Board | Facebook

Congress Has Spoken Mr. President – No Quickies

March 19, 2015 05:50
by Lori Armstrong Halber
In the words of House Education and the Workforce Committee Chairman John Kline (R-MN), “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.” The House voted today to join the Senate and send a resolution to President Obama blocking the National Labor Relations Board’s Ambush Election Rule, implemented on December 12, 2014 and scheduled to take effect next month, on April 14, 2015. Euphemis...


Shifting Landscape: The Evolving Definition of Joint Employers

March 18, 2015 22:38
by Gregory D. Hanscom
The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced in the franchise industry where the NLRB and other organizations continue to push an agenda of making franchisors, McDonald’s for example, joint employers with franchisees. As part of this ongoing campaign, the NLRB’s general counsel issued a ruling finding t...

Legislation | NLRB

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